CBD Guide
  • Home
  • Education
  • Guides
  • Reviews
  • News
No Result
View All Result
  • Home
  • Education
  • Guides
  • Reviews
  • News
No Result
View All Result
CBD Guide
No Result
View All Result
Home News

Massachusetts Gov. Sued Over Dispensary Closures

Jean Martinez by Jean Martinez
April 13, 2020
in News
0 0
0
Massachusetts Gov. Sued Over Dispensary Closures
0
SHARES
1
VIEWS
Share on FacebookShare on Twitter

Massachusetts Gov. Charlie Baker (R) is being sued over his decision to shut down the state’s recreational cannabis sales as part of his coronavirus response. The lawsuit is filed on behalf of five dispensaries and a medical cannabis patient. It seeks a preliminary injunction on the order which would re-open that state’s 43 recreational dispensaries.

“If it continues, this mandatory closure will cause profound and irreparable damage to the nascent adult-use marijuana industry; will deprive Massachusetts residents of safe access to regulated marijuana; and, will make it very difficult or impossible (e.g.,in Nantucket) for certain medical-marijuana users to obtain marijuana legally,” the complaint says.

Baker ordered recreational cannabis shops to close on March 24 as part of a statewide stay-at-home order but he included medical cannabis as “essential services,” which allowed dispensaries to remain open. The governor said recreational sales had to stop, however, because they would potentially draw people from neighboring states where cannabis is not legal and promote the spread of the virus.

“Many of the states around us, in fact I think all of them, have not legalized recreational marijuana. Making those sites available to anybody from the northeast would cut completely against the entire strategy we’re trying to pursue here in Massachusetts to keep people safe. And that’s why they’re nonessential businesses.” – Baker during a press conference via Patch, April 8, 2020

The lawsuit says that Massachusetts‘ recreational cannabis industry employs more than 8,000 people and generates some $13 million in weekly sales. If the injunction is denied, the stores will remain closed until May 4 – the end-date for the stay-at-home order.

The lawsuit argues the closures are a violation of the commerce and equal protection clauses “because, for purposes of combating the outbreak of COVID-19, there is no legitimate or rational basis to distinguish between adult-use and medical marijuana establishments; between adult-use marijuana establishments and liquor stores; between those who frequent such stores; or, between medical marijuana users who frequent adult-use marijuana establishments, and medical marijuana users who only frequent medical marijuana dispensaries.”

In a letter to Baker’s chief legal counsel, Kevin Conroy and Jesse Alderman, attorneys from Foley Hoag LLP – who are not involved in the suit – suggested that the challenge to the commerce clause would be dismissed because cannabis is federally prohibited and that even if that challenge was possible, the U.S. Supreme Court has held that temporary measures, including those taken during a public health emergency, do not violate the clause, according to a Law360 report.

Cannabis Control Commission member Shaleen Title has suggested that recreational shops could re-open to in-state residents only, but Baker voiced concerns about the legality of such a move and industry attorneys told Law360 that plan would be a potential “disaster” for businesses.

From March 23 – the day the stay-at-home order was issued –  to April 1, the CCC received more than 1,300 new medical cannabis patient registrations, the Berkshire Eagle reports. The agency also announced on Tuesday that they would allow nonmedical growers to transfer their crops to the medical supply chain.

Baker’s office said they do not comment on pending litigation.

This content has been curated and re-published from Ganjaprenuer.com. Please click the link below to view this content from the original source.

Original Source: Massachusetts Gov. Sued Over Dispensary Closures

Content Credits: Originally written by TG Branfalt and published to Ganjaprenuer.com on 2020-04-09 15:41:36.

Previous Post

Feds Promote Funding For Studies On Marijuana As Pain Treatment Alternative To Opioids

Next Post

Virginia Legalizes Hemp Cigarettes

Related Posts

Wyoming Tribe Moves Toward Hemp and Medical Cannabis Legalization
News

Wyoming Tribe Moves Toward Hemp and Medical Cannabis Legalization

August 31, 2020
Oklahoma to Revoke Testing Lab’s License Amid Scandal
News

Oklahoma to Revoke Testing Lab’s License Amid Scandal

August 30, 2020
Hemp-Based Burger Announced by Fake Meat Startup
News

Hemp-Based Burger Announced by Fake Meat Startup

August 29, 2020
Florida Adds Edibles to Medical Cannabis Program
News

Florida Adds Edibles to Medical Cannabis Program

August 28, 2020
Most Legal Marijuana States Had Fewer Vaping-Related Lung Injuries, Study Finds
Learn About CBD

Most Legal Marijuana States Had Fewer Vaping-Related Lung Injuries, Study Finds

August 27, 2020
Mitch McConnell Recommends Hemp-Based Face Masks
News

Mitch McConnell Recommends Hemp-Based Face Masks

August 27, 2020
Next Post
Virginia Legalizes Hemp Cigarettes

Virginia Legalizes Hemp Cigarettes

Subscribe
Login
Notify of
guest
guest
0 Comments
Inline Feedbacks
View all comments

Recent Posts

  • Wyoming Tribe Moves Toward Hemp and Medical Cannabis Legalization
  • Oklahoma to Revoke Testing Lab’s License Amid Scandal
  • Hemp-Based Burger Announced by Fake Meat Startup
  • Florida Adds Edibles to Medical Cannabis Program
  • Most Legal Marijuana States Had Fewer Vaping-Related Lung Injuries, Study Finds

Recent Comments

  • Jean Martinez on Colorado Gov. Signs Cannabis Social Equity Bill
  • kiran on Colorado Gov. Signs Cannabis Social Equity Bill

Archives

  • August 2020
  • July 2020
  • June 2020
  • May 2020
  • April 2020
  • March 2020
  • February 2020
  • January 2020
  • December 2019
CBD Guide

© 2020 CBDGuide.io, All Rights Reserved.

Site Navigation

  • Affiliate Disclaimer
  • Privacy Policy
  • Terms of Use
  • Contact us

Follow Us

No Result
View All Result
  • Home
  • Education
  • Guides
  • Reviews
  • News

© 2020 CBDGuide.io, All Rights Reserved.

Welcome Back!

Login to your account below

Forgotten Password?

Create New Account!

Fill the forms below to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In
0
0
Would love your thoughts, please comment.x
()
x
| Reply